Calverton Industries, L. L. C. v. Town of Riverhead

Appellate Division of the Supreme Court of New York

Calverton Industries, L. L. C. v. Town of Riverhead

262 A.D.2d 559, 691 N.Y.S.2d 331, 1999 N.Y. App. Div. LEXIS 7033

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1999

StatusPublished

This text of 262 A.D.2d 559 (Calverton Industries, L. L. C. v. Town of Riverhead) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calverton Industries, L. L. C. v. Town of Riverhead, 262 A.D.2d 559, 691 N.Y.S.2d 331, 1999 N.Y. App. Div. LEXIS 7033 (N.Y. Ct. App. 1999).

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Opinion

—In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Building Department of the Town of Riverhead dated October 14, 1997, finding that the petitioner’s building permit had expired, and an action, inter alia, pursuant to 42 USC § 1983 to recover damages for the alleged violation of the petitioner’s due process rights, the appeal is from an order of the Supreme Court, Suffolk County (Berler, J.), dated June 8, 1998, which, inter alia, denied the appellants’ motion to dismiss the petition.

Ordered that the appeal is dismissed, without costs or disbursements, as that order was superseded by an order dated December 2, 1998, made upon renewal.

After the appellants had filed the instant appeal from the Supreme Court’s order dated June 8, 1998, they moved in that court to renew their motion to dismiss the petition. The court granted renewal, and in an order dated December 2, 1998, substantially altered its prior determination. The appellants did not appeal from the latter order, which was in their favor. Accordingly, under the circumstances, the appeal from the order dated June 8, 1998, is dismissed. Mangano, P. J., Sullivan, Goldstein and McGinity, JJ., concur.

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—In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Building Department of the Town of Riverhead dated October 14, 1997, finding that the petitioner’s building permit had expired, and an action, inter alia, pursuant to 42 USC § 1983 to recover damages for the alleged violation of the petitioner’s due process rights, the appeal is from an order of the Supreme Court, Suffolk County (Berler, J.), dated June 8, 1998, which, inter alia, denied the appellants’ motion to dismiss the petition.

Ordered that the appeal is dismissed, without costs or disbursements, as that order was superseded by an order dated December 2, 1998, made upon renewal.

After the appellants had filed the instant appeal from the Supreme Court’s order dated June 8, 1998, they moved in that court to renew their motion to dismiss the petition. The court granted renewal, and in an order dated December 2, 1998, substantially altered its prior determination. The appellants did not appeal from the latter order, which was in their favor. Accordingly, under the circumstances, the appeal from the order dated June 8, 1998, is dismissed. Mangano, P. J., Sullivan, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

262 A.D.2d 559, 691 N.Y.S.2d 331, 1999 N.Y. App. Div. LEXIS 7033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calverton-industries-l-l-c-v-town-of-riverhead-nyappdiv-1999.

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